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Introduction
Influencer marketing in China offers great potential, but it also comes with its own set of legal and compliance challenges. This article highlights the key considerations for brands looking to collaborate with influencers in China while staying within the boundaries of local law and protecting their reputation.
1. Understanding China’s Advertising Laws
1.1 The Advertising Law of China
China’s Advertising Law regulates influencer marketing, requiring that all advertising be clearly labeled as such. It is illegal for influencers to promote products without disclosing their paid partnerships. Brands must ensure that their campaigns comply with these regulations to avoid penalties and maintain consumer trust.
1.2 False Advertising and Claims
Influencers in China are prohibited from making false claims about products or services. For instance, influencers cannot claim that a product has certain health benefits unless supported by certified evidence. Brands should carefully vet influencers’ content and ensure that any claims made are backed by proper documentation and testing.
2. Intellectual Property Protection
2.1 Trademark Use in Influencer Content
Influencers must obtain permission before using any brand trademarks in their content. Unauthorized use of a brand’s logo or product imagery could lead to legal issues. Brands should provide clear guidelines on how their intellectual property is to be used by influencers, including approvals before posts go live.
2.2 Protecting Product Images
When influencers post product photos, brands need to ensure that these images do not violate copyright laws. High-quality, original content should be encouraged, and brands should own the rights to any content shared as part of influencer campaigns.
3. Data Privacy and Consumer Protection
3.1 Protection of Personal Data
With strict data protection laws like the Personal Information Protection Law (PIPL) in China, brands must ensure that any consumer data collected through influencer campaigns is handled responsibly. Influencers must disclose how consumer data will be used and ensure transparency in data collection.
3.2 Handling Consumer Complaints
If a consumer is dissatisfied with a product promoted by an influencer, brands should have a clear system in place to handle complaints. This includes prompt responses, transparent returns policies, and direct communication channels for resolving issues.
4. KOL Disclosure Requirements
4.1 Clear Labeling of Paid Partnerships
Under Chinese law, influencers must label any content that is part of a paid partnership. This ensures that consumers are aware when they are viewing an advertisement. Brands should ensure that influencers follow this rule, avoiding any misleading content that could lead to fines or consumer backlash.
4.2 Maintaining Authenticity
While KOLs need to disclose partnerships, brands should encourage authentic content creation that feels natural and not overly promotional. Excessively promotional content can lead to disengagement and skepticism from Chinese consumers.
5. Navigating Cross-Border Influencer Campaigns
5.1 Working with International Influencers
When working with international influencers who are promoting products in China, brands need to ensure that they are also complying with Chinese laws. This includes understanding the nuances of cross-border commerce regulations and ensuring that influencers adhere to local content and advertising laws.
5.2 Local Partners for Global Influencers
Brands should work with local agencies or consultants to bridge the gap between international influencers and Chinese regulations. Local agencies are more familiar with the intricacies of compliance and can ensure that the influencer’s content meets the legal standards required in China.
Case Study: Xiaomi’s Global Influencer Marketing
Xiaomi has successfully managed global influencer campaigns by ensuring that their international influencers understand Chinese advertising regulations. By working with local agencies and ensuring KOLs properly disclose partnerships, Xiaomi achieved significant success in boosting its brand awareness and sales in China through influencer-driven campaigns.
Conclusion
To succeed in influencer marketing in China, brands must navigate a complex regulatory environment that includes advertising laws, intellectual property protection, and data privacy concerns. By partnering with compliant influencers and working with local experts, brands can build successful influencer campaigns while staying within legal boundaries.
PLTFRM is an international brand consulting agency that works with companies such as Red, TikTok, Tmall, Baidu, and other well-known Chinese internet e-commerce platforms. We have been working with Chile Cherries for many years, reaching Chinese consumers in depth through different platforms and realizing that Chile Cherries’ exports in China account for 97% of the total exports in Asia. Contact us, and we will help you find the best China e-commerce platform for you. Search PLTFRM for a free consultation!
